Rangers’ prosecutor stopped from representing state in Baldia factory fire case

The deadly fire killed more than 260 workers in a Baldia garment factory. Image: AFP/File
Showing its dissatisfaction over the assistance the Rangers’ prosecutor provided in appeals filed by convicts of Baldia factory fire case, the Sindh High Court (SHC) directed an additional prosecutor Sindh to review and plead appeals on behalf of the state.
The direction was given on Monday by a two-member SHC bench, headed by Justice Muhammad Karim Khan Agha while hearing appeals of Abdul Rehman alias Bhola and Zubair alias Chariya against their conviction.
Read more: Baldia Factory Verdict Announced, Rehman Bhola and Zubair Charya sentenced to death
A bench, headed by Justice Agha, on August 9, 2021, had directed the Rangers’ prosecutor to seek instruction from the state as to why appeal against acquittals of some accused persons had not been filed, and whether “so-called influential accused are being deliberately and intentionally shielded by the state.”
At the outset of the hearing, Justice Agha inquired from the Rangers’ prosecutor Rana Khalid, why appeals against acquittal of some accused persons, including the then provincial minister for industries Rauf Siddiqui, had not been filed.
Justice Agha observed that on the last hearing, a reply was sought from the state, but no response was ever filed.
“Why the big guns are being spared. No one has the discretion to decide about filing appeals without actually reviewing the material facts of the case,” observed Justice Agha, who also directed the additional prosecutor Iqbal Awan to review the entire case and file a reply on behalf of the state regarding not filing appeals against the acquittal of certain individuals.
Justice Agha made it clear that if the court was not properly assisted on the point of not filing appeals against certain individuals, it would itself review the entire matter and pass an order.
The bench also observed it no longer required assistance from the Rangers’ prosecutor and deferred further hearing for two months.
In September 2020, an anti-terrorism court (ATC) had sentenced to death Rehman and Zubair and life imprisonment to four watchmen of the ill-fated garments factory.
Over 260 workers perished when a fire engulfed the multi-storey building of the M/s Ali Enterprises on September 11, 2012.
The trial court had acquitted four others, including the then provincial minister for commerce and industries Rauf Siddiqui, due to a lack of evidence against them.
In October last year, both the convicts had filed their separate appeals with the SHC challenging the death sentence handed down by an anti-terrorism court in the Baldia factory fire case.
The appellants Rehman, a former sector in-charge of MQM’s organisational structure, and Zubair was an activist.
The counsel for appellants had argued in the appeals that the trial court’s judgment was passed without observing the principles laid down by the apex court.
Read more: SC forms body to review appointments in Sindh courts
The lawyers had further argued that the trial court did not appreciate the material contradictions of prosecution evidence. They added that the people died due to the negligence of factory owners and the departments concerned since there was no emergency exit point in the industrial unit.
They maintained that no evidence was produced before the trial court about the allegation of extortion.
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